Research On Generalized Contract

Nowadays, national economy of China is at a key transition period. As the leading status in the tertiary industry, the tourism industry has been authorized by public, and given a responsibility that drive the regional economic development and optimize the industrial structure. As the core elements and areas in tourism industry, the public tourism resources must be innovated in mode and structure to get a breakthrough. At present, exploiting, constructing and nurturing the Chinese public resource scenic spots are at a crucial stage. Meanwhile, scenic spots are being exploited from breadth and depth in the government-led system. However, when operators exploit public resources, they encounter many problems, such as the system, the ecological protection, actual operating and so on. Ultimately, it is highlighted in the exploiting and protecting public tourism resources.Now, there are two theses existed in exploiting public tourism resources: nation parks and management right transfer. The former advocated that it should establish a national park system taking the United States as the representative, and take the important tourism resources for unified management in the system. While the latter advocated taking the market-oriented road, in other words, it should make ownership and management rights separate, and let market capital intervene into public tourism products management. However, the two theses had encountered many problems in actual operation. Massive funds demand and large-scale immigration make the national park system difficult to run; and in the market-oriented operation model and management rights transfer process, private investor in the development activity is not effectively monitored. They took the ecological environment in exchange for short-term economic benefits, so the phenomenons which public tourism resources were monopolized by private was serious. Therefore, there is an urgent need to pose a new way to govern public resources scenic spots from the level of system arrangement and practical operational in order to solve the contradiction exited between public tourism resources in both have to bear the responsibility of economic benefits spillover, but also protect the ecological environment and safeguard social equity. The studies above are not appear in our country. The paper contains two aspects: first, the evolution law about management model of public resources spots is viewed from property rights, public tourism products and contract theory, and give continuous form about providing means of public tourism products; Second, it poses a generalized contract model in adapt to public resources management of scenic spots, and attempts to create a structure system of generalized contract, the drive mechanism, type of contractual arrangements, in order to solve the substantive issues about providing means of public tourism products existed between the national park and management rights transfer.